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HomeMy WebLinkAbout08/24/10AUGUST 24, 2010 At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 24, 2010, at 5:30 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Kaler, and Watkins (3). Commissioner Abraham and Mayor Paxton were absent (2). PRESENTATIONS GFOA CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTIING -� Mayor Paxton presented to Audra Herndon, Comptroller for the Finance Department, the above award given by the Government Financier Officer's Association for comprehensive annual financial report for fiscal year ended in 2009. It is the City's 19th year to win the award. 90t' CELEBRATION OF VOTES FOR WOMEN Jenny Embry, spoke in support of the 19th Amendment to the U.S. Constitution. A celebration will be held in Frankfort on August 26th commemorating the 90th anniversary of the women's right to vote. Governor Beshear will issue a proclamation. SPOTLIGHT Public Information Officer Pam Spencer and Assistant Police Chief Stacey Grimes spotlighted the Citizens' Police Academy. The free 11 -week course starts Thursday, September 16 at the Paducah Police Department from 6:30-9:30 p.m. MINUTES Commissioner Gault offered motion, seconded by Commissioner Watkins, that the reading of the Minutes for the August 10th and August 17th, 2010, meetings be waived and that the Minutes of said meetings prepared by the City Clerk be approved as written. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). APPOINTMENTS BOARD OF ADJUSTMENT Mayor ProTem Kaler made the following reappointment: "WHEREAS, upon the recommendation of Mayor Paxton, I move that the Board of Commissioners reappoint William E. Baxter as a member of the Board of Adjustment. This term will expire August 31, 2014." Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that the Board of Commissioners approve the recommendation of Mayor Paxton in reappointing William E. Baxter as a member of the Board of Adjustment. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). PADUCAH PLANNING COMMISSION Mayor ProTem Kaler made the following reappointments: "WHEREAS, upon the recommendation of Mayor Paxton, I move that the Board of Commissioners reappoint Cathy Crecelius and Robert C. Manchester as members of the Paducah Planning Commission. These terms will expire August 31, 2014." Commissioner Gault offered motion, seconded by Commissioner Watkins, that the Board of Commissioners approve the recommendation of Mayor Paxton in reappointing Cathy Crecelius and Robert C. Manchester as members of the Paducah Planning Commission. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). MOTIONS R & F DOCUMENTS Commissioner Waktins offered motion, seconded by Mayor ProTem Kaler, that the following documents and bids be received and filed: AUGUST 24, 2010 DOCUMENTS Insurance Certificates: a) Easter Seals West Kentucky Inc. b) MidStates Construction Company Inc. Right of Way Bond: a) Wood Brothers Excavating LLC 2. Contracts/Agreements: a) The United States Secret Service for Costs Involved in Joint Operations (no ordinance required) b) Paducah Chamber of Commerce for a Microenterprise Community Development Block Grant Award (Alpha Project) (2010-8-7729) C) Paducah Tilghman High School -Tornado League Football (no ordinance required -under $20,000) d) Easter Seals West Kentucky for Use of City Hall for Annual Art Show (no ordinance required) e) Kentucky Justice Cabinet for a 2010/2011 Law Enforcement Service Fee Grant Award (2010-7-7709) f) Contracts for Specific Services with: ■ MidTown Alliance of Neighbors 2010-7-7710 ■ Paducah Symphony Orchestra 2010-7-7720 ■ Paducah Area Chamber of Commerce 2010-7-7715 ■ GPEDC 2010-7-7716 ■ EntrePaducah 2010-7-7717 ■ Paducah Junior College Inc. 2010-7-7718 ■ Yeiser Art Center 2010-7-7719 ■ Market House Theatre 2010-7-7721 ■ Carson Center 2010-7-7722 ■ Convention Center Corporation 2010-7-7723 ■ Barkley Regional Airport 2010-7-7724 3. Restrictive Covenant Release for Property Located Adjacent to Park Avenue, H. C. Mathis Drive, 26th Street and the former Mason Avenue (2010-7-7712) 4. The City's Bond Rating as Assigned by Standard & Poor's Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). MUNICIPAL ORDERS' PERSONNEL CHANGES Commissioner Gault offered motion, seconded by Commissioner Watkins, that upon the recommendation of the Interim City Manager, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. (SEE MUNICPAL ORDER BOOK) Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). 2010 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that a Municipal Order entitled, "A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A 2010 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2010 FOR THE HIRING OF THREE FIREFIGHTERS FOR TWO YEARS," be adopted. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). M.O.#1562; BK 8 AMEND POSITION AND PAY SCHEDULE Commissioner Gault offered motion, seconded by Commissioner Watkins, that a Municipal Order entitled, "A MUNICIPAL ORDER AMENDING SECTIONS B, D, F, G, H, I, AND L OF THE POSITION AND PAY SCHEDULE TO REFLECT PAYROLL ADJUSTMENTS, ABOLISHING TWO POSITIONS WITHIN THE ENGINEERING -PUBLIC WORKS AUGUST 24, 2010 DEPARTMENT, AND ESTABLISHING THE RATE OF PAY FOR POSITIONS IN THE PARKS SERVICES AND FINANCE DEPARTMENTS," be adopted. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). M.O.#1563; BK 8 ACCEPTANCE OF PARCEL OF PROPERTY TO BE UTILIZED AS A WETLAND PRESERVATION SITE FOR THE PECAN DRIVE BRIDGE PROJECT Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that a Municipal Order entitled, "A MUNICIPAL ORDER ACCEPTING THE DONATION OF A PARCEL OF PROPERTY LOCATED AT 4550 PECAN DRIVE FROM STRAWBERRY HILL, LLC, TO BE USED AS AN ENVIRONMENTAL AND WETLAND MITIGATION SITE, AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS RELATING TO SAME," be adopted. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). M.O.#1564; BK 8 ORDINANCES — ADOPTION AMEND SECTION 126-76 OF THE PADUCAH ZONING ORDINANCE TO AMEND REGULATIONS FOR MALL BUILDING SIGNS Commissioner Gault offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-76(K)(6), SIGN REGULATIONS OF CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This ordinance is summarized as follows: That Section 126-76(k)(6), Sign Regulations, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to create covered mall buildings sign regulations to allow for wall signs. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). ORD.42010-8-7730; BK 32 APPROVE MAINTENANCE/SERVICE CONTRACTS FOR CITY 800 MHZ RADIO SYSTEM Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SERVICE AGREEMENTS WITH MOTOROLA FOR FY 2010-2011." This ordinance is summarized as follows: That the Mayor is hereby authorized to execute two service agreements with Motorola for yearly maintenance of the 800 MHz radio infrastructure, individual mobile, portable, and base station radio units, city -owned radios and E-911 telephone equipment. Contract number S00001016812 in the amount of $20,469.96 and contract number 500001001153 in the amount of $37,510.56. The service agreements shall expire June 30, 2011. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). ORD.#2010-8-7731; BK 32 PURCHASE OF COMPACT TRACT LOADER FOR ENGINEERING -PUBLIC WORKS Commissioner Gault offered motion, seconded by Commissioner Watkins, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE PURCHASE OF A CASE COMPACT TRACT LOADER AND OPTIONAL ROOT GRAPPLE FOR THE CITY OF PADUCAH, KENTUCKY, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That the Finance Director is authorized to pay $49,761.88 for the purchase of one Case 440CTL Compact Tract Loader and $3,126.82 for the purchase of an optional 78" Root Grapple, for a total sum of $52,888.70 to McKeel Equipment Company, Inc. for the City of Paducah Engineering -Public Works Department, in compliance with Kentucky State Purchasing Contract, and authorizes the Mayor to execute a contract for same. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). ORD.#2010-8-7732; BK 32 AWARD Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that the Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSABLE GRANT AGREEMENT AND ALL DOCUMENTS RELATING THERETO WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY, A DIVISION OF THE KENTUCKY TRANSPORTATION CABINET, FOR A 2010/2011 KENTUCKY GOVERNOR'S HIGHWAY SAFETY PROGRAM GRANT AWARD." This ordinance is summarized as follows: The Mayor is hereby authorized to execute a reimbursable Grant Agreement and all documents relating thereto with the Kentucky Office of Highway Safety, a division of the Kentucky Transportation Cabinet, for a 2010/2011 Kentucky Governor's Highway Safety Program Grant Award in the amount of $44,627.00 for -approximately 1200 hours of traffic enforcement salaries and overtime, fuel, laser instructor and training, as well as the cost to attend state sponsored conferences and meetings. This program will reimburse 100% of approved expenses and does not require any local cash or in-kind match. Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). ORD.#2010-8-7733; BK 32 ORDINANCES — INTRODUCTION CHANGE ORDER NO. 1 FOR LIQUIDATION AND DEMOLITION CONTRACT FOR EXECUTIVE INN Commissioner Gault offered motion, seconded by Commissioner Watkins, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING CHANGE ORDER NO. 1 WITH YOUNGBLOOD EXCAVATING AND CONTRACTING COMPANY, INC. FOR THE BUILDING, DEMOLITION & LIQUIDATION OF THE EXECUTIVE INN RIVERFRONT HOTEL -PHASE I PROJECT; AUTHORIZING THE MAYOR TO EXECUTE THE APPROVED CHANGE ORDER; AND APPROVING PAYMENT TO THE CONVENTION CENTER CORPORATION FOR LIQUIDATION OF THE COMMERCIAL KITCHEN EQUIPMENT". This ordinance is summarized as follows: The City of Paducah hereby approves to add the sale of the commercial kitchen equipment from the Julian Carroll Convention Center in the amount of $15,000, and the removal of the "Big E" signage at no cost, to the liquidation contract with Youngblood Excavating and Contracting, LLC in the form of Change Order No. 1, therefore, reducing initial costs from $217,000 to $202,000, for the Building, Demolition & Liquidation of the Executive Inn Riverfront Hotel -Phase I Project. Further, the City hereby agrees to pay $15,000 to the Convention Center Corporation for liquidation of the commercial kitchen equipment and authorizes the Mayor to execute Change Order No. 1 as approved. AGREEMENT WITH KENTUCKY OAKS MALL COMPANY FOR THE OLIVET CHURCH ROAD IMPROVEMENT PROJECT Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE PROVIDING FOR THE NEED TO ACQUIRE FEE RIGHT OF WAY AND PERMANENT EASEMENTS ACROSS PROPERTY BELONGING TO THE KENTUCKY OAKS MALL COMPANY TO BE USED BY THE CITY OF PADUCAH, KENTUCKY, FOR THE CONSTRUCTION OF A PUBLIC ROADWAY GENERALLY KNOWN AS THE "ACCESS ROAD" TO BE CONSTRUCTED AS A PART OF THE OLIVET CHURCH ROADWAY PROJECT; AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE KENTUCKY OAKS MALL COMPANY REGARDING THE CONSTRUCTION OF THE"ACCESS ROAD" FOR THE OLIVET CHURCH ROADWAY PROJECT AND THE EXECUTION OF OTHER RELATED AGREEMENTS; AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE THE NECESSARY EXPENDITURES THEREUNDER." This ordinance is summarized as follows: This Ordinance authorizes the City of Paducah, Kentucky, to acquire fee right of way and permanent easements across the real property belonging to the Kentucky Oaks Mall Company for the consideration of $216,380.00, by private agreement and in lieu of condemnation, and the execution of an Agreement Regarding the Access Road for the Olivet Church Road Improvement Project and an Encroachment Agreement regarding the Access Road for the public purposes of causing the construction of a new five -lane re -alignment of Olivet Church Road (the "Access Road") that will extend from Olivet Church Road south to the intersection of Holt Road and US Highway 60 (aka Hinkleville Road), which is a part of the project known as the Olivet Church Road Improvement Project. AUGUST 24, 2010 FOREST HILLS LEASE AGREEMENT Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that the Board of Commissioners introduce an ordinance entitled, "AN ORDINANCE APPROVING A RENEWAL LEASE AGREEMENT WITH FOREST HILLS VILLAGE, INC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE." This ordinance is summarized as follows: That the City of Paducah hereby approves an agreement with Forest Hills Village, Inc., and authorizes the Mayor to execute said lease agreement. The primary term of the renewal lease shall be for five (5) years with one (1) extension of five (5) years provided the parties agree with Forest Hills paying lease payments to the City during the primary term. CITY MANAGER REPORT ➢ Human Resources will be conducting a skin cancer presentation for employees. ➢ August 31 will be a called commission meeting due to the cancellation of commission meetings scheduled for September 7th and September 14th ➢ City Manger requested an executive session for discussion of a economic development PUBLIC COMMENTS Marilyn Cassity, owner of Cassity's located at 115 South 2" a Street, expressed concerns about the "Market Square Saturdays" event scheduled to be held September 11th through October 30th. She is afraid the street closures will affect her business. Response: Before the event is permitted for October the City will re-evaluate the issue to see if the event has impacted her business. EXECUTIVE SESSION Commissioner Watkins offered motion, seconded by Mayor ProTem Kaler, that the Board go into closed session for discussion of matters pertaining to the following topics: ➢ A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g) Adopted on call of the roll, yeas, Commissioners Gault, Watkins and Mayor ProTem Kaler (3). Upon motion the meeting adjourned. ADOPTED: September 28 , 2010 S. 137wJ, City Clerk